26 CFR 601.602: Tax forms and instructions. (Also Part I ... · PDF file.31 Tax on Insurance...
Transcript of 26 CFR 601.602: Tax forms and instructions. (Also Part I ... · PDF file.31 Tax on Insurance...
26 CFR 601.602: Tax forms and instructions. (Also Part I, §§ 1, 23, 25A, 32, 36B, 42, 45R, 55, 59, 62, 63, 68, 125, 132(f),135, 137, 146, 147, 148, 151, 179, 213, 220, 221, 512, 513, 831, 877, 877A, 911, 2010, 2032A, 2503, 2523, 4161, 4261, 5000A, 6033, 6039F, 6323, 6334, 6601, 6651, 6652, 6695, 6698, 6699, 6721, 6722, 7345, 7430, 7702B, 9831; 1.148-5.) Rev. Proc. 2017-58 Table of Contents
SECTION 1. PURPOSE
SECTION 2. CHANGES
SECTION 3. 2018 ADJUSTED ITEMS
Code Section
.01 Tax Rate Tables 1(a)-(e)
.02 Unearned Income of Minor Children Taxed as if Parent’s 1(g) Income ("Kiddie Tax").
.03 Adoption Credit 23
.04 Lifetime Learning Credit 25A .05 Earned Income Credit 32
.06 Refundable Credit for Coverage under a Qualified Health Plan 36B(f)(2)(B)
.07 Rehabilitation Expenditures Treated as Separate New Building 42(e)
.08 Low-Income Housing Credit 42(h)
.09 Employee Health Insurance Expense of Small Employers 45R
.10 Exemption Amounts for Alternative Minimum Tax 55
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.11 Alternative Minimum Tax Exemption for a Child Subject to the 59(j) “Kiddie Tax”
.12 Certain Expenses of Elementary and Secondary 62(a)(2)(D) School Teachers .13 Transportation Mainline Pipeline Construction Industry Optional 62(c) Expense Substantiation Rules for Payments to Employees under Accountable Plans
.14 Standard Deduction 63
.15 Overall Limitation on Itemized Deductions 68
.16 Cafeteria Plans 125
.17 Qualified Transportation Fringe Benefit 132(f)
.18 Income from United States Savings Bonds for Taxpayers Who 135 Pay Qualified Higher Education Expenses
.19 Adoption Assistance Programs 137
.20 Private Activity Bonds Volume Cap 146(d)
.21 Loan Limits on Agricultural Bonds 147(c)(2)
.22 General Arbitrage Rebate Rules 148(f)
.23 Safe Harbor Rules for Broker Commissions on Guaranteed 148 Investment Contracts or Investments Purchased for a Yield Restricted Defeasance Escrow
.24 Personal Exemption 151
.25 Election to Expense Certain Depreciable Assets 179
.26 Eligible Long-Term Care Premiums 213(d)(10)
.27 Medical Savings Accounts 220
.28 Interest on Education Loans 221
.29 Treatment of Dues Paid to Agricultural or Horticultural 512(d)
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Organizations .30 Insubstantial Benefit Limitations for Contributions Associated 513(h) With Charitable Fund-Raising Campaigns .31 Tax on Insurance Companies Other than Life 831 Insurance Companies .32 Expatriation to Avoid Tax 877
.33 Tax Responsibilities of Expatriation 877A
.34 Foreign Earned Income Exclusion 911
.35 Unified Credit Against Estate Tax 2010
.36 Valuation of Qualified Real Property in Decedent's Gross Estate 2032A
.37 Annual Exclusion for Gifts 2503; 2523
.38 Tax on Arrow Shafts 4161
.39 Passenger Air Transportation Excise Tax 4261
.40 Requirement to Maintain Minimum Essential Coverage 5000A .41 Reporting Exception for Certain Exempt Organizations with 6033(e)(3) Nondeductible Lobbying Expenditures .42 Notice of Large Gifts Received from Foreign Persons 6039F
.43 Persons Against Whom a Federal Tax Lien Is Not Valid 6323
.44 Property Exempt from Levy 6334
.45 Interest on a Certain Portion of the Estate Tax Payable in 6601(j) Installments
.46 Failure to File Tax Return 6651
.47 Failure to File Certain Information Returns, Registration 6652 Statements, etc. .48 Other Assessable Penalties With Respect to the 6695
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Preparation of Tax Returns for Other Persons .49 Failure to File Partnership Return 6698 .50 Failure to File S Corporation Return 6699 .51 Failure to File Correct Information Returns 6721 .52 Failure to Furnish Correct Payee Statements 6722 .53 Revocation or Denial of Passport in Case of Certain 7345 Tax Delinquencies .54 Attorney Fee Awards 7430 .55 Periodic Payments Received under Qualified Long-Term Care 7702B(d) Insurance Contracts or under Certain Life Insurance Contracts
.56 Qualified Small Employer Health Reimbursement 9831 Arrangement
SECTION 4. EFFECTIVE DATE
SECTION 5. DRAFTING INFORMATION
SECTION 1. PURPOSE
This revenue procedure sets forth inflation-adjusted items for 2018 for various
provisions of the Internal Revenue Code of 1986 (Code) as amended as of October 19,
2017. To the extent amendments to the Code are enacted for 2018 after October 19,
2017, taxpayers should consult additional guidance to determine whether these
adjustments remain applicable for 2018.
SECTION 2. CHANGES
.01 Section 202 of the Disaster Tax Relief and Airport and Airways Extension Act of
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2017, Pub. L. 115-63, amended § 4261(k)(1)(A)(ii) of the Code (which governs the
period of applicability of § 4261(b)(1), (c)(1), and (c)(3)). The effect of this amendment
is to temporarily extend the passenger air transportation excise taxes of $3.00 for
domestic travel, $12.00 for international travel, and $6.00 for departures beginning or
ending in Alaska or Hawaii. These excise taxes apply to transportation taken through
March 31, 2018. After this date, the taxes and rates will expire unless Congress renews
them.
.02 Section 18001 of the 21st Century Cures Act, Pub. L. 114-255, amended § 9831 of
the Code to add § 9831(d), Exception For Qualified Small Employer Health
Reimbursement Arrangements. To qualify as a qualified small employer health
reimbursement arrangement under § 9831(d), the arrangement must provide that the
total amount of payments and reimbursements for any year cannot exceed $4,950
($10,000 for family coverage). These amounts are adjusted for inflation for a calendar
year beginning after 2016.
SECTION 3. 2018 ADJUSTED ITEMS
.01 Tax Rate Tables. For taxable years beginning in 2018, the tax rate tables under
§ 1 are as follows:
TABLE 1 - Section 1(a) - Married Individuals Filing Joint Returns and Surviving Spouses
If Taxable Income Is: The Tax Is:
Not over $19,050 10% of the taxable income
Over $19,050 but $1,905 plus 15% of not over $77,400 the excess over $19,050
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Over $77,400 but $10,657.50 plus 25% of not over $156,150 the excess over $77,400
Over $156,150 but $30,345 plus 28% of not over $237,950 the excess over $156,150
Over $237,950 but $53,249 plus 33% of not over $424,950 the excess over $237,950
Over $424,950 but $114,959 plus 35% of not over $480,050 the excess over $424,950
Over $480,050 $134,244 plus 39.6% of the excess over $480,050
TABLE 2 - Section 1(b) – Heads of Households
If Taxable Income Is: The Tax Is:
Not over $13,600 10% of the taxable income
Over $13,600 but $1,360 plus 15% of not over $51,850 the excess over $13,600
Over $51,850 but $7,097.50 plus 25% of not over $133,850 the excess over $51,850
Over $133,850 but $27,597.50 plus 28% of not over $216,700 the excess over $133,850
Over $216,700 but $50,795.50 plus 33% of not over $424,950 the excess over $216,700
Over $424,950 $119,518 plus 35% of not over $453,350 the excess over $424,950
Over $453,350 $129,458 plus 39.6% of the excess over $453,350
TABLE 3 - Section 1(c) – Unmarried Individuals (other than Surviving Spouses and Heads of Households)
If Taxable Income Is: The Tax Is:
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Not over $9,525 10% of the taxable income
Over $9,525 but $952.50 plus 15% of not over $38,700 the excess over $9,525
Over $38,700 but $5,328.75 plus 25% of not over $93,700 the excess over $38,700
Over $93,700 but $19,078.75 plus 28% of not over $195,450 the excess over $93,700
Over $195,450 but $47,568.75 plus 33% of not over $424,950 the excess over $195,450
Over $424,950 $123,303.75 plus 35% of not over $426,700 the excess over $424,950
Over $426,700 $123,916.25 plus 39.6% of the excess over $426,700 TABLE 4 - Section 1(d) – Married Individuals Filing Separate Returns
If Taxable Income Is: The Tax Is:
Not over $9,525 10% of the taxable income
Over $9,525 but $952.50 plus 15% of not over $38,700 the excess over $9,525
Over $38,700 but $5,328.75 plus 25% of not over $78,075 the excess over $38,700
Over $78,075 but $15,172.50 plus 28% of not over $118,975 the excess over $78,075
Over $118,975 but $26,624.50 plus 33% of not over $212,475 the excess over $118,975
Over $212,475 $57,479.50 plus 35% of not over $240,025 the excess over $212,475
Over $240,025 $67,122 plus 39.6% of the excess over $240,025
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TABLE 5 - Section 1(e) – Estates and Trusts
If Taxable Income Is: The Tax Is:
Not over $2,600 15% of the taxable income
Over $2,600 but $390 plus 25% of not over $6,100 the excess over $2,600
Over $6,100 but $1,265 plus 28% of not over $9,300 the excess over $6,100
Over $9,300 but $2,161 plus 33% of not over $12,700 the excess over $9,300
Over $12,700 $3,283 plus 39.6% of the excess over $12,700
.02 Unearned Income of Minor Children Taxed as if Parent's Income (the "Kiddie
Tax"). For taxable years beginning in 2018, the amount in § 1(g)(4)(A)(ii)(I), which is
used to reduce the net unearned income reported on the child's return that is subject to
the "kiddie tax," is $1,050. This $1,050 amount is the same as the amount provided in
§ 63(c)(5)(A), as adjusted for inflation. The same $1,050 amount is used for purposes
of § 1(g)(7) (that is, to determine whether a parent may elect to include a child's gross
income in the parent's gross income and to calculate the "kiddie tax"). For example,
one of the requirements for the parental election is that a child's gross income is more
than the amount referenced in § 1(g)(4)(A)(ii)(I) but less than 10 times that amount;
thus, a child's gross income for 2018 must be more than $1,050 but less than $10,500.
.03 Adoption Credit. For taxable years beginning in 2018, under § 23(a)(3) the credit
allowed for an adoption of a child with special needs is $13,840. For taxable years
beginning in 2018, under § 23(b)(1) the maximum credit allowed for other adoptions is
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the amount of qualified adoption expenses up to $13,840. The available adoption credit
begins to phase out under § 23(b)(2)(A) for taxpayers with modified adjusted gross
income in excess of $207,580 and is completely phased out for taxpayers with modified
adjusted gross income of $247,580 or more. (See section 3.19 of this revenue
procedure for the adjusted items relating to adoption assistance programs.)
.04 Lifetime Learning Credit. For taxable years beginning in 2018, a taxpayer's
modified adjusted gross income in excess of $57,000 ($114,000 for a joint return) is
used to determine the reduction under § 25A(d)(2) in the amount of the Lifetime
Learning Credit otherwise allowable under § 25A(a)(2).
.05 Earned Income Credit.
(1) In general. For taxable years beginning in 2018, the following amounts are used
to determine the earned income credit under § 32(b). The "earned income amount" is
the amount of earned income at or above which the maximum amount of the earned
income credit is allowed. The "threshold phaseout amount" is the amount of adjusted
gross income (or, if greater, earned income) above which the maximum amount of the
credit begins to phase out. The "completed phaseout amount" is the amount of
adjusted gross income (or, if greater, earned income) at or above which no credit is
allowed. The threshold phaseout amounts and the completed phaseout amounts
shown in the table below for married taxpayers filing a joint return include the increase
provided in § 32(b)(3)(B)(i), as adjusted for inflation for taxable years beginning in 2018.
Number of Qualifying Children
Item One Two Three or More None
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Earned Income Amount $10,200 $14,320 $14,320 $6,800 Maximum Amount of Credit $3,468 $5,728 $6,444 $520
Threshold Phaseout $18,700 $18,700 $18,700 $8,510 Amount (Single, Surviving Spouse, or Head of Household) Completed Phaseout $40,402 $45,898 $49,298 $15,310 Amount (Single, Surviving Spouse, or Head of Household)
Threshold Phaseout $24,400 $24,400 $24,400 $14,200 Amount (Married Filing Jointly) Completed Phaseout $46,102 $51,598 $54,998 $21,000 Amount (Married Filing Jointly)
The instructions for the Form 1040 series provide tables showing the amount of the
earned income credit for each type of taxpayer.
(2) Excessive Investment Income. For taxable years beginning in 2018, the earned
income tax credit is not allowed under § 32(i)(1) if the aggregate amount of certain
investment income exceeds $3,500.
.06 Refundable Credit for Coverage under a Qualified Health Plan. For taxable years
beginning in 2018, the limitation on tax imposed under § 36B(f)(2)(B) for excess
advance credit payments is determined using the following table:
If the household income The limitation amount for The limitation amount for (expressed as a percent unmarried individuals all other taxpayers is:
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of poverty line) is: (other than surviving spouses and heads of household) is: Less than 200% $300 $600 At least 200% but less than 300% $775 $1,550 At least 300% but less than 400% $1,300 $2,600
.07 Rehabilitation Expenditures Treated as Separate New Building. For calendar year
2018, the per low-income unit qualified basis amount under § 42(e)(3)(A)(ii)(II) is
$6,800.
.08 Low-Income Housing Credit. For calendar year 2018, the amount used under
§ 42(h)(3)(C)(ii) to calculate the State housing credit ceiling for the low-income housing
credit is the greater of (1) $2.40 multiplied by the State population, or (2) $2,765,000.
.09 Employee Health Insurance Expense of Small Employers. For taxable years
beginning in 2018, the dollar amount in effect under § 45R(d)(3)(B) is $26,700. This
amount is used under § 45R(c) for limiting the small employer health insurance credit
and under § 45R(d)(1)(B) for determining who is an eligible small employer for purposes
of the credit.
.10 Exemption Amounts for Alternative Minimum Tax. For taxable years beginning in
2018, the exemption amounts under § 55(d)(1) are:
Joint Returns or $86,200 Surviving Spouses
Unmarried Individuals (other than $55,400 Surviving Spouses) Married Individuals Filing Separate $43,100 Returns
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Estates and Trusts $24,600
For taxable years beginning in 2018, under § 55(b)(1), the excess taxable income
above which the 28 percent tax rate applies is:
Married Individuals Filing Separate Returns $95,750 Joint Returns, Unmarried Individuals (other than surviving spouses), and Estates and Trusts $191,500
For taxable years beginning in 2018, the amounts used under § 55(d)(3) to determine
the phaseout of the exemption amounts are:
Joint Returns or $164,100 Surviving Spouses
Unmarried Individuals (other than $123,100 Surviving Spouses) Married Individuals Filing Separate $82,050 Returns and Estates and Trusts
.11 Alternative Minimum Tax Exemption for a Child Subject to the "Kiddie Tax." For
taxable years beginning in 2018, for a child to whom the § 1(g) "kiddie tax" applies, the
exemption amount under §§ 55 and 59(j) for purposes of the alternative minimum tax
under § 55 may not exceed the sum of (1) the child's earned income for the taxable
year, plus (2) $7,650.
.12 Certain Expenses of Elementary and Secondary School Teachers. For taxable
years beginning in 2018, under § 62(a)(2)(D) the amount of the deduction allowed under
§ 162 which consists of expenses paid or incurred by an eligible educator in connection
with books, supplies (other than nonathletic supplies for courses of instruction in health
or physical education), computer equipment (including related software and services)
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and other equipment, and supplementary materials used by the eligible educator in the
classroom is $250.
.13 Transportation Mainline Pipeline Construction Industry Optional Expense
Substantiation Rules for Payments to Employees under Accountable Plans. For
calendar year 2018, an eligible employer may pay certain welders and heavy equipment
mechanics an amount of up to $18 per hour for rig-related expenses that are deemed
substantiated under an accountable plan if paid in accordance with Rev. Proc. 2002-41,
2002-1 C.B. 1098. If the employer provides fuel or otherwise reimburses fuel expenses,
up to $11 per hour is deemed substantiated if paid under Rev. Proc. 2002-41.
.14 Standard Deduction.
(1) In general. For taxable years beginning in 2018, the standard deduction
amounts under § 63(c)(2) are as follows:
Filing Status Standard Deduction
Married Individuals Filing Joint Returns $13,000 and Surviving Spouses (§ 1(a))
Heads of Households (§ 1(b)) $9,550
Unmarried Individuals (other than Surviving Spouses $6,500 and Heads of Households) (§ 1(c))
Married Individuals Filing Separate $6,500 Returns (§ 1(d))
(2) Dependent. For taxable years beginning in 2018, the standard deduction
amount under § 63(c)(5) for an individual who may be claimed as a dependent by
another taxpayer cannot exceed the greater of (1) $1,050, or (2) the sum of $350 and
the individual's earned income.
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(3) Aged or blind. For taxable years beginning in 2018, the additional standard
deduction amount under § 63(f) for the aged or the blind is $1,300. The additional
standard deduction amount is increased to $1,600 if the individual is also unmarried and
not a surviving spouse.
.15 Overall Limitation on Itemized Deductions. For taxable years beginning in 2018,
the applicable amounts under § 68(b) are $320,000 in the case of a joint return or a
surviving spouse, $293,350 in the case of a head of household, $266,700 in the case of
an individual who is not married and who is not a surviving spouse or head of
household, and $160,000 in the case of a married individual filing a separate return.
.16 Cafeteria Plans. For the taxable years beginning in 2018, the dollar limitation
under § 125(i) on voluntary employee salary reductions for contributions to health
flexible spending arrangements is $2,650.
.17 Qualified Transportation Fringe Benefit. For taxable years beginning in 2018, the
monthly limitation under § 132(f)(2)(A) regarding the aggregate fringe benefit exclusion
amount for transportation in a commuter highway vehicle and any transit pass is $260.
The monthly limitation under § 132(f)(2)(B) regarding the fringe benefit exclusion
amount for qualified parking is $260.
.18 Income from United States Savings Bonds for Taxpayers Who Pay Qualified
Higher Education Expenses. For taxable years beginning in 2018, the exclusion under
§ 135, regarding income from United States savings bonds for taxpayers who pay
qualified higher education expenses, begins to phase out for modified adjusted gross
income above $119,550 for joint returns and $79,700 for all other returns. The
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exclusion is completely phased out for modified adjusted gross income of $149,550 or
more for joint returns and $94,700 or more for all other returns.
.19 Adoption Assistance Programs. For taxable years beginning in 2018, under
§ 137(a)(2), the amount that can be excluded from an employee’s gross income for the
adoption of a child with special needs is $13,840. For taxable years beginning in 2018,
under § 137(b)(1) the maximum amount that can be excluded from an employee’s gross
income for the amounts paid or expenses incurred by an employer for qualified adoption
expenses furnished pursuant to an adoption assistance program for other adoptions by
the employee is $13,840. The amount excludable from an employee’s gross income
begins to phase out under § 137(b)(2)(A) for taxpayers with modified adjusted gross
income in excess of $207,580 and is completely phased out for taxpayers with modified
adjusted gross income of $247,580 or more. (See section 3.03 of this revenue
procedure for the adjusted items relating to the adoption credit.)
.20 Private Activity Bonds Volume Cap. For calendar year 2018, the amounts used
under § 146(d) to calculate the State ceiling for the volume cap for private activity bonds
is the greater of (1) $105 multiplied by the State population, or (2) $311,375,000.
.21 Loan Limits on Agricultural Bonds. For calendar year 2018, the loan limit amount
on agricultural bonds under § 147(c)(2)(A) for first-time farmers is $534,600.
.22 General Arbitrage Rebate Rules. For bond years ending in 2018, the amount of
the computation credit determined under the permission to rely on § 1.148-3(d)(4) of the
proposed Income Tax Regulations is $1,700.
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.23 Safe Harbor Rules for Broker Commissions on Guaranteed Investment Contracts
or Investments Purchased for a Yield Restricted Defeasance Escrow. For calendar
year 2018, under § 1.148-5(e)(2)(iii)(B)(1), a broker’s commission or similar fee for the
acquisition of a guaranteed investment contract or investments purchased for a yield
restricted defeasance escrow is reasonable if (1) the amount of the fee that the issuer
treats as a qualified administrative cost does not exceed the lesser of (A) $40,000, and
(B) 0.2 percent of the computational base (as defined in § 1.148-5(e)(2)(iii)(B)(2)) or, if
more, $4,000; and (2) the issuer does not treat more than $113,000 in brokers’
commissions or similar fees as qualified administrative costs for all guaranteed
investment contracts and investments for yield restricted defeasance escrows
purchased with gross proceeds of the issue.
.24 Personal Exemption.
(1) For taxable years beginning in 2018, the personal exemption amount under
§ 151(d) is $4,150.
(2) Phaseout. For taxable years beginning in 2018, the personal exemption phases
out for taxpayers with the following adjusted gross income amounts:
AGI – Beginning AGI – Completed Filing Status of Phaseout Phaseout
Married Individuals Filing Joint Returns and $320,000 $442,500 Surviving Spouses (§ 1(a))
Heads of Households (§ 1(b)) $293,350 $415,850
Unmarried Individuals (other than Surviving $266,700 $389,200 Spouses and Heads of Households) (§ 1(c)) Married Individuals Filing Separate $160,000 $221,250
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Returns (§ 1(d))
.25 Election to Expense Certain Depreciable Assets. For taxable years beginning in
2018, under § 179(b)(1), the aggregate cost of any § 179 property that a taxpayer elects
to treat as an expense cannot exceed $520,000. Under § 179(b)(2), the $520,000
limitation is reduced (but not below zero) by the amount the cost of § 179 property
placed in service during the 2018 taxable year exceeds $2,070,000.
.26 Eligible Long-Term Care Premiums. For taxable years beginning in 2018, the
limitations under § 213(d)(10), regarding eligible long-term care premiums includible in
the term "medical care," are as follows:
Attained Age Before the Close of the Taxable Year Limitation on Premiums
40 or less $420
More than 40 but not more than 50 $780
More than 50 but not more than 60 $1,560
More than 60 but not more than 70 $4,160
More than 70 $5,200
.27 Medical Savings Accounts.
(1) Self-only coverage. For taxable years beginning in 2018, the term "high
deductible health plan" as defined in § 220(c)(2)(A) means, for self-only coverage, a
health plan that has an annual deductible that is not less than $2,300 and not more than
$3,450, and under which the annual out-of-pocket expenses required to be paid (other
than for premiums) for covered benefits do not exceed $4,600.
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(2) Family coverage. For taxable years beginning in 2018, the term "high deductible
health plan" means, for family coverage, a health plan that has an annual deductible
that is not less than $4,600 and not more than $6,850, and under which the annual out-
of-pocket expenses required to be paid (other than for premiums) for covered benefits
do not exceed $8,400.
.28 Interest on Education Loans. For taxable years beginning in 2018, the $2,500
maximum deduction for interest paid on qualified education loans under § 221 begins to
phase out under § 221(b)(2)(B) for taxpayers with modified adjusted gross income in
excess of $65,000 ($135,000 for joint returns), and is completely phased out for
taxpayers with modified adjusted gross income of $80,000 or more ($165,000 or more
for joint returns).
.29 Treatment of Dues Paid to Agricultural or Horticultural Organizations. For taxable
years beginning in 2018, the limitation under § 512(d)(1), regarding the exemption of
annual dues required to be paid by a member to an agricultural or horticultural
organization, is $166.
.30 Insubstantial Benefit Limitations for Contributions Associated with Charitable
Fund-Raising Campaigns.
(1) Low cost article. For taxable years beginning in 2018, for purposes of defining
the term “unrelated trade or business” for certain exempt organizations under
§ 513(h)(2), “low cost articles” are articles costing $10.90 or less.
(2) Other insubstantial benefits. For taxable years beginning in 2018, under § 170,
the $5, $25, and $50 guidelines in section 3 of Rev. Proc. 90-12, 1990-1 C.B. 471 (as
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amplified by Rev. Proc. 92-49, 1992-1 C.B. 987, and modified by Rev. Proc. 92-102,
1992-2 C.B. 579), for the value of insubstantial benefits that may be received by a donor
in return for a contribution, without causing the contribution to fail to be fully deductible,
are $10.90, $54.50, and $109, respectively.
.31 Tax on Insurance Companies Other than Life Insurance Companies. For taxable
years beginning in 2018, under § 831(b)(2)(A)(i) the amount of the limit on net written
premiums or direct written premiums (whichever is greater) is $2,300,000 to elect the
alternative tax for certain small companies under § 831(b)(1) to be taxed only on taxable
investment income.
.32 Expatriation to Avoid Tax. For calendar year 2018, under § 877A(g)(1)(A), unless
an exception under § 877A(g)(1)(B) applies, an individual is a covered expatriate if the
individual’s “average annual net income tax” under § 877(a)(2)(A) for the five taxable
years ending before the expatriation date is more than $165,000.
.33 Tax Responsibilities of Expatriation. For taxable years beginning in 2018, the
amount that would be includible in the gross income of a covered expatriate by reason
of § 877A(a)(1) is reduced (but not below zero) by $713,000.
.34 Foreign Earned Income Exclusion. For taxable years beginning in 2018, the
foreign earned income exclusion amount under § 911(b)(2)(D)(i) is $104,100.
.35 Unified Credit Against Estate Tax. For an estate of any decedent dying in
calendar year 2018, the basic exclusion amount is $5,600,000 for determining the
amount of the unified credit against estate tax under § 2010.
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.36 Valuation of Qualified Real Property in Decedent's Gross Estate. For an estate of
a decedent dying in calendar year 2018, if the executor elects to use the special use
valuation method under § 2032A for qualified real property, the aggregate decrease in
the value of qualified real property resulting from electing to use § 2032A for purposes
of the estate tax cannot exceed $1,140,000.
.37 Annual Exclusion for Gifts.
(1) For calendar year 2018, the first $15,000 of gifts to any person (other than gifts
of future interests in property) are not included in the total amount of taxable gifts under
§ 2503 made during that year.
(2) For calendar year 2018, the first $152,000 of gifts to a spouse who is not a
citizen of the United States (other than gifts of future interests in property) are not
included in the total amount of taxable gifts under §§ 2503 and 2523(i)(2) made during
that year.
.38 Tax on Arrow Shafts. For calendar year 2018, the tax imposed under
§ 4161(b)(2)(A) on the first sale by the manufacturer, producer, or importer of any shaft
of a type used in the manufacture of certain arrows is $0.51 per shaft.
.39 Passenger Air Transportation Excise Tax. For calendar year 2018, the tax under
§ 4261(b)(1) on the amount paid for each domestic segment of taxable air
transportation is $4.20. For calendar year 2018, the tax under § 4261(c)(1) on any
amount paid (whether within or without the United States) for any international air
transportation, if the transportation begins or ends in the United States, generally is
$18.30. Under § 4261(c)(3), however, a lower amount applies under § 4261(c)(1) to a
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domestic segment beginning or ending in Alaska or Hawaii, and the tax applies only to
departures. For calendar year 2018, the rate is $9.20.
.40 Requirement to Maintain Minimum Essential Coverage. For calendar year 2018, the
applicable dollar amount used to determine the penalty under § 5000A(c) for failure to
maintain minimum essential coverage is $695.
.41 Reporting Exception for Certain Exempt Organizations with Nondeductible
Lobbying Expenditures. For taxable years beginning in 2018, the annual per person,
family, or entity dues limitation to qualify for the reporting exception under § 6033(e)(3)
(and section 5.05 of Rev. Proc. 98-19, 1998-1 C.B. 547), regarding certain exempt
organizations with nondeductible lobbying expenditures, is $115 or less.
.42 Notice of Large Gifts Received from Foreign Persons. For taxable years
beginning in 2018, § 6039F authorizes the Treasury Department and the Internal
Revenue Service to require recipients of gifts from certain foreign persons to report
these gifts if the aggregate value of gifts received in the taxable year exceeds $16,111.
.43 Persons Against Whom a Federal Tax Lien Is Not Valid. For calendar year 2018,
a federal tax lien is not valid against (1) certain purchasers under § 6323(b)(4) who
purchased personal property in a casual sale for less than $1,570, or (2) a mechanic's
lienor under § 6323(b)(7) who repaired or improved certain residential property if the
contract price with the owner is not more than $7,840.
.44 Property Exempt from Levy. For calendar year 2018, the value of property
exempt from levy under § 6334(a)(2) (fuel, provisions, furniture, and other household
personal effects, as well as arms for personal use, livestock, and poultry) cannot exceed
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$9,380. The value of property exempt from levy under § 6334(a)(3) (books and tools
necessary for the trade, business, or profession of the taxpayer) cannot exceed $4,690.
.45 Interest on a Certain Portion of the Estate Tax Payable in Installments. For an
estate of a decedent dying in calendar year 2018, the dollar amount used to determine
the "2-percent portion" (for purposes of calculating interest under § 6601(j)) of the estate
tax extended as provided in § 6166 is $1,520,000.
.46 Failure to File Tax Return. In the case of any return required to be filed in 2019,
the amount of the addition to tax under § 6651(a) for failure to file a tax return within 60
days of the due date of such return (determined with regard to any extensions of time
for filing) shall not be less than the lesser of $215 or 100 percent of the amount required
to be shown as tax on such returns.
.47 Failure to File Certain Information Returns, Registration Statements, etc. For
returns required to be filed in 2019, the penalty amounts under § 6652(c) are:
(1) for failure to file a return required under § 6033(a)(1) (relating to returns by
exempt organization) or § 6012(a)(6) (relating to returns by political organizations):
Scenario Daily Penalty
Maximum Penalty
Organization (§ 6652(c)(1)(A)) $20 Lessor of $10,000 or 5% of gross receipts of the organization for the year.
Organization with gross receipts exceeding $1,049,000 (§ 6652(c)(1)(A))
$100
$52,000
Managers (§ 6652(c)(1)(B)) $10 $5,000 Public inspection of annual returns and reports (§ 6652(c)(1)(C))
$20 $10,000
Public inspection of applications for exemption and notice of status (§ 6652(c)(1)(D))
$20 No Limits
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(2) for failure to file a return required under § 6034 (relating to returns by certain
trust) or § 6043(b) (relating to terminations, etc., of exempt organizations):
Scenario Daily Penalty Maximum Penalty
Organization or trust (§ 6652(c)(2)(A)) $10 $5,000 Managers (§ 6652(c)(2)(B)) $10 $5,000 Split-Interest Trust (§ 6652(c)(2)(C)(ii)) $20 $10,000 Any trust with gross receipts exceeding $262,000 (§ 6652(c)(2)(C)(ii))
$100
$52,000
(3) for failure to file a disclosure required under § 6033(a)(2):
Scenario Daily Penalty Maximum Penalty
Tax–exempt entity (§ 6652(c)(3)(A)) $100 $52,000 Failure to comply with written demand (§ 6652(c)(3)(B)(ii))
$100 $10,000
.48 Other Assessable Penalties With Respect to the Preparation of Tax Returns for
Other Persons. In the case of any failure relating to a return or claim for refund filed in
2019, the penalty amounts under § 6695 are:
Scenario Per Return or Claim for Refund
Maximum Penalty
Failure to furnish copy to taxpayer (§ 6695(a)) $50 $26,000 Failure to sign return (§ 6695(b)) $50 $26,000 Failure to furnish identifying number (§ 6695(c)) $50 $26,000 Failure to retain copy or list (§ 6695(d)) $50 $26,000 Failure to file correct information returns (§ 6695(e)) $50 per return and
item in return $26,000
Negotiation of check (§ 6695(f)) $520 per check No limit Failure to be diligent in determining eligibility for child tax credit, American opportunity tax credit, and earned income credit (§ 6695(g))
$520 per return No limit
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.49 Failure to File Partnership Return. In the case of any return required to be filed in
2019, the dollar amount used to determine amount of the penalty under § 6698(b)(1) is
$200.
.50 Failure to File S Corporation Return. In the case of any return required to be filed
in 2019, the dollar amount used to determine amount of the penalty under § 6699(b)(1)
is $200.
.51 Failure to File Correct Information Returns. In the case of any failure relating to a
return required to be filed in 2019, the penalty amounts under § 6721 are:
(1) for persons with average annual gross receipts for the most recent three
taxable years of more than $5,000,000, for failure to file correct information returns are:
Scenario Penalty Per Return Calendar Year Maximum
General Rule (§ 6721(a)(1)) $270 $3,282,500 Corrected on or before 30 days after required filing date (§ 6721(b)(1))
$50
$547,000
Corrected after 30th day but on or before August 1 (§ 6721(b)(2))
$100
$1,641,000
(2) for persons with average annual gross receipts for the most recent three
taxable years of $5,000,000 or less, for failure to file correct information returns are:
Scenario Penalty Per Return Calendar Year Maximum
General Rule (§ 6721(d)(1)(A)) $270 $1,094,000 Corrected on or before 30 days after required filing date (§ 6721(d)(1)(B))
$50
$191,000
Corrected after 30th day but on or before August 1 (§ 6721(d)(1)(C))
$100
$547,000
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(3) for failure to file correct information returns due to intentional disregard of the
filing requirement (or the correct information reporting requirement) are:
Scenario Penalty Per Return Calendar Year Maximum
Return other than a return required to be filed under §§ 6045(a), 6041A(b), 6050H, 6050I, 6050J, 6050K, or 6050L (§ 6721(e)(2)(A))
Greater of (i) $540, or (ii) 10% of aggregate amount of items required to be reported correctly
No limit
Return required to be filed under §§ 6045(a), 6050K, or 6050L (§ 6721(e)(2)(B))
Greater of (i) $540, or (ii) 5% of aggregate amount of items required to be reported correctly
No limit
Return required to be filed under § 6050I(a) (§ 6721(e)(2)(C))
Greater of (i) $27,350, or (ii) amount of cash received up to $109,000
No limit
Return required to be filed under § 6050V (§ 6721(e)(2)(D))
Greater of (i) $540, or (ii) 10% of the value of the benefit of any contract with respect to which information is required to be included on the return
No limit
.52 Failure to Furnish Correct Payee Statements. In the case of any failure relating to
a statement required to be furnished in 2019, the penalty amounts under § 6722 are:
(1) for persons with average annual gross receipts for the most recent three taxable
years of more than $5,000,000, for failure to file correct information returns are:
Scenario Penalty Per Return Calendar Year Maximum
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General Rule (§ 6722(a)(1)) $270 $3,282,500 Corrected on or before 30 days after required filing date (§ 6722(b)(1))
$50
$547,000
Corrected after 30th day but on or before August 1 (§ 6722(b)(2))
$100
$1,641,000
(2) for persons with average annual gross receipts for the most recent 3 taxable
years of $5,000,000 or less, for failure to file correct information returns are:
Scenario Penalty Per Return Calendar Year Maximum
General Rule (§ 6722(d)(1)(A)) $270 $1,094,000 Corrected on or before 30 days after required filing date (§ 6722(d)(1)(B))
$50
$191,000
Corrected after 30th day but on or before August 1 (§ 6722(d)(1)(C))
$100
$547,000
(3) for failure to file correct payee statements due to intentional disregard of the
requirement to furnish a payee statement (or the correct information reporting
requirement) are:
Scenario Penalty Per Return Calendar Year Maximum
Statement other than a statement required under §§ 6045(b), 6041A(e) (in respect of a return required under § 6041A(b)), 6050H(d), 6050J(e), 6050K(b), or 6050L(c) (§ 6722(e)(2)(A))
Greater of (i) $540, or (ii) 10% of aggregate amount of items required to be reported correctly
No limit
Payee statement required under §§ 6045(b), 6050K(b), or 6050L(c) (§ 6722(e)(2)(B))
Greater of (i) $540, or (ii) 5% of aggregate amount of items required to be reported correctly
No limit
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.53 Revocation or Denial of Passport in Case of Certain Tax Delinquencies. For
calendar year 2018, the amount of a serious delinquent tax debt under § 7345 is
$51,000.
.54 Attorney Fee Awards. For fees incurred in calendar year 2018, the attorney fee
award limitation under § 7430(c)(1)(B)(iii) is $200 per hour.
.55 Periodic Payments Received under Qualified Long-Term Care Insurance
Contracts or under Certain Life Insurance Contracts. For calendar year 2018, the
stated dollar amount of the per diem limitation under § 7702B(d)(4), regarding periodic
payments received under a qualified long-term care insurance contract or periodic
payments received under a life insurance contract that are treated as paid by reason of
the death of a chronically ill individual, is $360.
.56 Qualified Small Employer Health Reimbursement Arrangement. For tax years
beginning in 2018, to qualify as a qualified small employer health reimbursement
arrangement under § 9831(d), the arrangement must provide that the total amount of
payments and reimbursements for any year cannot exceed $5,050 ($10,250 for family
coverage).
SECTION 4. EFFECTIVE DATE
.01 General Rule. Except as provided in section 4.02, this revenue procedure applies
to taxable years beginning in 2018.
.02 Calendar Year Rule. This revenue procedure applies to transactions or events
occurring in calendar year 2018 for purposes of sections 3.07 (rehabilitation
expenditures treated as separate new building), 3.08 (low-income housing credit), 3.13
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(transportation mainline pipeline construction industry optional expense substantiation
rules for payments to employees under accountable plans), 3.20 (private activity bonds
volume cap), 3.21 (loan limits on agricultural bonds), 3.22 (general arbitrage rebate
rules), 3.23 (safe harbor rules for broker commissions on guaranteed investment
contracts or investments purchased for a yield restricted defeasance escrow), 3.32
(expatriation to avoid taxes), 3.35 (unified credit against estate tax), 3.36 (valuation of
qualified real property in decedent's gross estate), 3.37 (annual exclusion for gifts), 3.38
(tax on arrow shafts), 3.39 (passenger air transportation excise tax), 3.40 (requirement
to maintain minimum essential coverage), 3.43 (persons against whom a federal tax lien
is not valid), 3.44 (property exempt from levy), 3.45 (interest on a certain portion of the
estate tax payable in installments), 3.53 (revocation or denial of passport in case of
certain tax delinquencies), 3.54 (attorney fee awards), and 3.55 (periodic payments
received under qualified long-term care insurance contracts or under certain life
insurance contracts).
SECTION 5. DRAFTING INFORMATION
The principal author of this revenue procedure is William Ruane of the Office of
Associate Chief Counsel (Income Tax & Accounting). For further information regarding
this revenue procedure, contact Mr. Ruane at (202) 317-4718 (not a toll-free call).